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* Editors Note: Ordinance No. 8937, ยง 1, adopted September 2, 1997, repealed chapter 7A. Section 2 of the same ordinance added a new chapter 7A to read as herein set out. Formerly, such chapter pertained to similar provisions and derived from Ord. No. 5221, ยง 1, 10-6-80; Ord. No. 5290, ยง 1, 1-5-81; Ord. No. 5293, ยงยง 1, 2, 1-12-81; Ord. No. 5530, ยง 1, 3-15-82; Ord. No. 5815, ยง 1, 7-5-83; Ord. No. 6057, ยงยง 1, 2, 7-2-84; Ord. No. 6729, ยง 1, 6-15-87; Ord. No. 8153, ยง 1, 11-1-93.
State Law References: Cable television systems, A.R.S. ยง 9-505 et seq.
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Sec. 7A-1. Short title.
Sec. 7A-2. Definitions.
Sec. 7A-3. Findings and purpose.
Sec. 7A-4. License agreement.
Sec. 7A-5. Policy of innovation.
Sec. 7A-6. Time is of the essence.
Sec. 7A-7. License required.
Sec. 7A-8. Grant of authority.
Sec. 7A-9. Local regulatory framework.
Sec. 7A-10. Reserved.
Sec. 7A-11. Geographic coverage of the system.
Sec. 7A-12. Interconnection.
Sec. 7A-13. Conditions of rights-of-way occupancy.
Sec. 7A-14. Use, rental or lease of utility poles and facilities.
Sec. 7A-15. Cable system design.
Sec. 7A-16. Reserved.
Sec. 7A-17. Privacy.
Sec. 7A-18. Reserved.
Sec. 7A-19. Construction and technical standards.
Sec. 7A-20. Customer service standards.
Sec. 7A-21. Rates.
Sec. 7A-22. Reports.
Sec. 7A-23. Performance evaluation sessions.
Sec. 7A-24. Renewal, revocation, or forfeiture of license.
Sec. 7A-25. Continuity of service.
Sec. 7A-26. Purchase of system by city.
Sec. 7A-27. Foreclosure and receivership.
Sec. 7A-28. Transfers and assignments.
Sec. 7A-29. Subscriber antennas.
Sec. 7A-30. Indemnification and disputes regarding issuance of license.
Sec. 7A-31. Insurance.
Sec. 7A-32. Bonding.
Sec. 7A-33. Security fund.
Sec. 7A-34. License fee.
Sec. 7A-35. Rights reserved to the city.
Sec. 7A-36. Nondiscrimination and equal employment opportunity.
Sec. 7A-37. Selection of licensee.
Sec. 7A-38. Cost of consultant.
Sec. 7A-39. Theft of service and tampering.
Sec. 7A-40. Damages.
Sec. 7A-41. Penalties.
Sec. 7A-42. Severability.
For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is mandatory and "may" is permissive. Words not defined shall be given their common and ordinary meaning.
Applicant means a person, as defined in this section, who submits a proposal to provide cable service to the city.
Basic service means any service tier which includes the retransmission of local television broadcast signals.
Cable channel means a frequency band capable of carrying at least one (1) standard color video signal; but the use of a channel is not limited to carrying a video signal.
Cable operator means any person or group of persons (A) who provides cable service over a cable system and directly or through one (1) or more affiliates owns a significant interest in such cable systems, or (B) who otherwise controls or is responsible for, through any arrangement, the management and operation of such a cable system.
Cable service means (A) the one-way transmission to subscribers of (i) video programming, or (ii) other programming service, and (B) subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service.
Cable system means a facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within the City of Tucson. But, such term does not include (A) a facility that serves only to retransmit the television signals of one (1) or more television broadcast stations; (B) a facility that serves subscribers without using any public rights-of-way; (C) a facility of a common carrier which is subject, in whole or in part, to the provisions of subchapter II of 47 U.S.C.A. subchapter V, except that such facility shall be considered a cable system to the extent such facility is used in the transmission of video programming directly to subscribers, unless the extent of such use is solely to provide interactive on-demand services; (D) an open video system certified by the FCC; or (E) any facilities of any electric utility used solely for operating its electric utility system.
City is the City of Tucson, a municipal corporation of the State of Arizona.
City property means and includes all real property owned by the city, other than rights-of- way, and all property held in a proprietary capacity by the city, which is not subject to licensing as provided in this chapter.
Converter means an electronic device and any associated channel selector which converts signals to a format which permits a subscriber to receive the signals transmitted via the cable system.
FCC means the Federal Communications Commission or any legally designated successor.
Gross revenues means all cash, credits, property of any kind or nature, or other consideration derived from the operation of the cable system to provide cable services by the licensee; any cable operator of the cable system; or only to the extent necessary to prevent evasion, their affiliates, subsidiaries, parent and any person in which the licensee has a financial interest, that are not cable operators but that are performing the normal functions and responsibilities of a cable operator. This definition is intended to be read to reach as broadly as possible to encompass all revenues, subject to only to the limitations imposed by federal law. Therefore, "gross revenues" would include, by way of example but not limitation, the following:
(a) Basic subscriber service monthly fees;
(b) Optional service monthly fees;
(c) Installation and reconnection fees;
(d) Leased channel fees;
(e) Converter rentals;
(f) Production equipment and personnel fees;
(g) Advertising revenues;
(h) The sale, exchange or cablecast of any programming developed on or for community service channels or institutional users;
(i) All recoveries of bad debts previously written off and revenues from the sale or assignment of bad debts; and
(j) All sales of subscriber names and addresses.
This sum shall be the basis for computing the fee imposed pursuant to Tucson Cable Code, Section 7A-34. Gross revenues shall not include any taxes on services furnished by licensee which are imposed upon any subscriber or user by the state, city or other governmental unit and collected by licensee on behalf of said governmental unit (a license fee is not such a tax).
Licensee means a person who, in accordance with the provisions of this chapter executes a license agreement with the city for the nonexclusive privilege to erect, construct, operate, maintain or dismantle a cable system in the city.
Mayor and council means the governing body of the city.
Minority shall mean citizens or lawful permanent residents of the United States, defined for the purposes of this article to include Asian, Black, Hispanic and Native American men and women. Bona fide minority group memberships shall be established on the basis of the individual's claim that he or she is a minority and is so regarded by that particular minority community.
Person includes any individual, partnership, association, corporation, legal entity or organization of any kind. Whenever used in any clause prescribing a penalty, the term "person" as applied to partnerships or associations includes partners or members thereof, and if applied to corporations, the officers thereof. "Person" shall not include a municipal corporation unless otherwise indicated.
Proposal means an applicant's formal written response to the city's request for proposals or any other application to provide cable services submitted to the city pursuant to this chapter.
Public, educational or government or PEG use means the use of the cable system by members of the public, educational institutions and representatives of governments to transmit information to subscribers generally or to specific recipients via channels designated for such use in a license agreement over licensee-provided channels.
Rights-of-way. The term "rights-of-way" refers to city rights-of-way, alleys, roads, easements, and other city-owned property primarily dedicated to, designed for or actually and customarily used for vehicular or pedestrian travel or any easement the licensee is authorized to use by federal law. It does not include city-owned real estate utilized primarily for any purpose other than vehicular or pedestrian travel. This exclusion includes without limitation, sidewalks, parking, and ingress/egress areas appurtenant to such other use.
Subscriber means a municipal corporation or person who lawfully receives any signal or service provided or distributed by a cable system licensee.
Two-way capability means the ability to receive and transmit signals from a subscriber terminal to other points in the system.
User means a municipal corporation or person utilizing PEG or institutional network channels, including all related facilities for purposes of production and/or transmission of electronic or other signals as opposed to utilization solely as a subscriber.
(Ord. No. 8937, ยง 2, 9-2-97)
(1) The mayor and council find that the city's rights-of-way constitute valuable public property,
(a) Having been acquired and maintained by the city over many years at taxpayer expense;
(b) Being capable of providing rights-of-way uniquely valuable to private companies for providing cable services;
(c) Constituting public investments for which the taxpayers are entitled to a fair monetary return on the city's past and future investment in the city's infrastructure; and
(d) Comprising significant assets which should be managed fairly and appropriately to enhance the public safety and economy.
(2) Therefore, this chapter is intended:
(a) To regulate the erection, construction, reconstruction, installation, operation, maintenance, dismantling, testing, repair and use of the cable system in, upon, along, across, above, over or under or in any manner connected with the rights-of-way, public ways or public places within the jurisdiction of the city, as now or in the future may exist;
(b) To provide for the payment of certain fees and other valuable considerations to the city to regulate the construction and operation, use and development of the cable system within the city;
(c) To provide conditions under which the cable system will serve present and future needs of government, public institutions, commercial enterprises, lawful public and private organizations, and the citizens and general public of the city;
(d) To provide remedies and prescribe penalties for violations of this chapter;
(e) To permit and manage reasonable access to the public ways of the city for cable purposes on a competitively neutral basis;
(f) To conserve the limited physical capacity of the rights-of-way held in the public trust by the city;
(g) To assure that the city's current and ongoing costs of granting and regulating private access to and use of the rights-of-way are fully paid by the persons seeking such access and causing such costs;
(h) To secure fair and reasonable compensation to the city and the residents of the city for permitting private use of the rights-of-way;
(i) To assure that all cable companies providing facilities or services within the city comply with the ordinances, rules, and regulations of the city;
(j) To assure that the city can continue to fairly and responsibly protect the public health, safety, and welfare;
(k) To enable the city to discharge its public trust consistent with rapidly evolving federal and state regulatory policies, industry competition, and technological development.
(Ord. No. 8937, ยง 2, 9-2-97)
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